Order reversed, on the law, with costs, motion granted, and complaint dismissed insofar as it asserted against appellant.
Plaintiff alleged that the appellant negligently allowed metallic hemoclips to remain within her abdomen following surgery for removal of a diseased gall bladder and appendix. In his moving papers, Dr. Cacho affirmed that hemoclips were used upon the patient for the purpose of hemostasis, and that the clips were intended to remain within the patient...
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